Judicial Review
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Oklahoma v. Environmental Protection Agency
US Sup.Ct. Slip Opinion of June 18, 2025 Ruling: When the federal Environmental Protection Agency (the “EPA”) makes a localized or regional “determination” of fact or law that primarily drives a decision it makes under the federal Clean Air Act, the federal Court of Appeals having jurisdiction over that locality or region, and not the Continue reading
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Environmental Protection Agency v. Calumet Shreveport Refining
US Sup.Ct. Slip Opinion of June 18, 2025 RULING: When the federal Environmental Protection Agency (the “EPA”) makes a “nationwide” “determination” of fact or law that primarily drives a decision it makes under the Clean Air Act but in a case of localized or regional interest only, the federal Court of Appeals for the District Continue reading
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Nuclear Regulatory Commission v. Texas
US Sup.Ct. Slip Opinion of June 18, 2025 HOLDING: Only a formally recognized “party” to a licensing proceeding by the Nuclear Regulatory Commission (the “NRC”) may seek the review of the NRC’s ultimate licensing decision for alleged unlawfulness by a federal Court of Appeals. The Court held, by a 6-3 vote, that such formal recognition Continue reading
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CORNER POST v. BOARD OF GOVERNORS
July 1, 2024: In this case challenging the validity of a Federal Reserve Board regulation, the Court held that the plaintiff’s lawsuit was not barred by the overall federal statute of limitations of six years, despite the fact the allegedly illegal regulation was more than six years old. The Court held that the overall limitation Continue reading
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LOPER BRIGHT ENTERPRISES V. RAIMONDO, SEC. OF COMMERCE, U.S. Sup. Ct. Slip Op. of June 28, 2024
The Court’s Ruling: Here, the Court overruled the “Chevron Deference” Doctrine it established in the 1984 case of Chevron v. Natural Resources Defense Counsel.[1] There, the Court held that federal courts, including itself, were required to defer to a federal administrative agency’s reasonable interpretation of its own statutory authority, even if the court believed that Continue reading
RECENT RULINGS 